42 LEXPERT MAGAZINE
|
JANUARY/FEBRUARY 2018
FEATURE
AS THEY DID IN 2016,
Canadian courts in 2017
displayed a fairly even-handed approach to business cases. Six of
our top 10 decisions can be regarded as making life easier for
business, with four presenting new challenges for the commu-
nity. Tipping the scoresheet ever slightly more to the business
side is the fact that the three top-ranked cases and five of the top
six — in other words, the most significant ones — favour the
business community.
BP Canada Energy v. Canada, which topped our list, was
an especially triumphant moment for business, as the Federal
Court of Appeal (FCA) put the kibosh on the Canada Revenue
Agency's attempts to force taxpayers to turn over their work-
ing papers and internal assessments of perceived exposure to
tax risks. In the second-ranked case, Google v. Equustek Solu-
tions, the Supreme Court of Canada (SCC) enunciated a new
doctrine that enabled parties wronged by internet behaviour to
obtain global orders against innocent third parties. e twin
cases of Alberta v. University of Calgary and Lizotte v. Aviva In-
surance further enshrined solicitor-client privilege in Canadian
jurisprudence by establishing its primacy in the face of statutory
production demands.
Douez v. Facebook, however, breaks the run of pro-business
decisions in the top half of our list. In our fourth-ranked case,
the SCC upset the applecart on contractual dispute-resolution
provisions by holding that forum selection clauses do not oust
TOP 10
BUSINESS
DECISIONS
OF 2017
PHOTO:
SHUTTERSTOCK
Solicitor-client
privilege and
jurisdiction were
prominent in last
year's top cases.
While these
rulings indicate
a balanced
approach, the
most significant
ones were
pro-business
BY JULIUS MELNITZER
